Saad Mirza
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Unfairly treated or fired at work?
April 17, 2025
How to Win a Grievance Hearing as an Employee
A grievance hearing is a formal meeting where an employee presents concerns or complaints—often about unfair treatment, harassment, discrimination, or breaches of workplace policy.
For example, we’ve helped clients challenge wrongful discipline after being unfairly targeted by a manager, and supported others who faced discrimination after requesting medical accommodations. These hearings are your opportunity to set the record straight and seek fair treatment.
Facing a grievance hearing can feel overwhelming. For many employees, it’s not just about resolving a workplace dispute—it’s about protecting your job, your reputation, and your peace of mind.
We’ve guided countless clients through grievance hearings, from wrongful dismissals to workplace harassment. This guide will walk you through the exact steps to prepare, present your case, and maximize your chances of a successful outcome.
Grievances can cover a wide range of issues, including:
• Breaches of workplace policy
• Discrimination or harassment
• Wrongful discipline or unfair dismissal
The process differs depending on whether you’re in a unionized or non-unionized workplace. Unionized employees typically follow a collective agreement process and are represented by their union, while non-unionized employees may need to advocate for themselves or hire legal counsel.
Know Your Rights as an Employee in Canada
Canadian employees are protected by both provincial and federal laws, such as the Ontario Employment Standards Act (ESA). These laws guarantee your right to a fair and transparent process, regardless of your workplace. You also have the right to legal representation or union support during a grievance hearing.
We often remind clients that understanding your rights is the first step to a strong case. For example, one client came to us after being dismissed without proper notice. By reviewing their employment contract and the ESA, we identified violations that led to a successful resolution in their favour.
Step-by-Step Guide: How to Win a Grievance Hearing
Step 1: Document Everything
Start by creating a detailed timeline of events. Note every incident, date, and person involved. Save copies of emails, screenshots, messages, HR complaints, and warning letters. In one recent case, a client’s meticulous documentation of discriminatory comments made all the difference in proving their claim.
Step 2: Understand the Company’s Grievance Policy
Request your employee handbook or policy manual. Identify key deadlines, steps, and expectations. Know who will be present at your hearing—HR, your manager, or a union representative. This preparation helps avoid surprises and ensures you don’t miss critical steps.
Step 3: Prepare Your Statement and Evidence
Write a clear, professional summary of your case. Match each claim with supporting evidence. Practice delivering your statement calmly and confidently. We often coach clients to rehearse with a friend or family member, which helps reduce nerves and clarify their main points.
Step 4: Know What Outcome You Want
Be specific about the resolution you’re seeking—whether it’s reinstatement, removal of a warning, compensation, or an apology. Keep your requests realistic and fair. We’ve seen clients succeed by focusing on practical solutions rather than punitive demands.
Step 5: Bring a Witness or Representation (If Applicable)
If you’re unionized, your union rep will usually attend. In non-unionized settings, consider bringing a legal advisor or support person. Their role is to observe, take notes, and, if allowed, speak on your behalf. This support can be invaluable, especially if the process becomes contentious.
Step 6: Stay Calm, Professional, and Focused During the Hearing
Don’t interrupt others and stay on topic. Stick to the facts—avoid emotional arguments. Take detailed notes of everything said. In our experience, clients who remain composed are often perceived as more credible and persuasive.
Step 7: Follow Up After the Hearing
Ask for written confirmation of the outcome. If the result isn’t satisfactory, know your right to appeal and the timeline for next steps. We’ve helped clients successfully appeal decisions by identifying procedural errors or overlooked evidence.
Common Mistakes Employees Make in Grievance Hearings
• Getting emotional instead of staying factual
• Not bringing enough documentation
• Not understanding the company policy
• Not seeking help from legal or union professionals
Avoiding these pitfalls can make a significant difference in the outcome of your case.
When to Contact an Employment Lawyer
If your grievance involves serious legal matters like harassment, wrongful dismissal, or discrimination, or if you’re unsure about the fairness of the process, consulting an employment lawyer can increase your chances of a successful outcome.
We specialize in representing employees in complex workplace disputes, ensuring your rights are protected every step of the way.
Winning a grievance hearing is about preparation, clarity, and knowing your rights. We’ve seen firsthand how preparation can turn the tide in an employee’s favour. Don’t go in unprepared—your voice matters, and with the right support, you can achieve the justice you deserve.
Author: Saad Mirza
I’m Saad Mirza, the founder of Thrive Law, a employment law firm dedicated to helping employees across Ontario navigate challenging job terminations and workplace issues.